Multistate Professional Responsibility Exam Practice Question
An attorney previously represented the owner of a market in drafting a commercial lease for the property. The legal work ended. A new client now wants the attorney's help in filing an injury claim against the same market for a structural defect in the building, which may relate to the lease. Which answer is best under these circumstances?
The attorney can take the case by limiting the use of confidential information since the earlier work did not overlap with the new claim.
The attorney can represent the new client without further action because the earlier work used a different area of law.
The attorney needs consent from the market owner because the attorney's prior work is related to issues in the new matter.
The attorney should consider refusing representation because the same property is involved.
When a new case is substantially connected to work performed for a former client, a lawyer should analyze if any protected information from the prior representation might harm the former client if used in the new case. If the representations are linked, the lawyer needs the consent of the former client or else risks a conflict. The incorrect answers suggest representing the new client without consent or stepping away in every scenario. While a lawyer can explore representation, informed consent is needed because confidential lease details might be relevant.
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